Perpetual Non Disclosure Agreement

Perpetual Non Disclosure Agreement Template for Denmark

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Document background

This Perpetual Non Disclosure Agreement is designed for situations requiring long-term or indefinite protection of confidential information under Danish law. It is particularly suitable for protecting trade secrets, proprietary technology, strategic business information, and other sensitive data that requires confidentiality protection without a defined end date. The agreement complies with Danish legal requirements, including the Danish Trade Secrets Act and relevant EU regulations, making it suitable for both domestic and international business relationships involving Danish entities. The perpetual nature of the obligations makes this agreement particularly appropriate for core business secrets, fundamental intellectual property, and other information that maintains its confidential value indefinitely.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties with full legal names and addresses

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Representatives', 'Permitted Purpose'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations and standard of care required

6. Permitted Uses and Disclosures: Specific permitted uses of confidential information and conditions for disclosure to representatives

7. Security Measures: Required security measures for protecting confidential information

8. Duration and Survival: Perpetual nature of obligations and survival provisions

9. Return or Destruction of Confidential Information: Requirements for handling confidential information upon request or termination

10. Remedies: Available remedies in case of breach, including injunctive relief

11. Notice Requirements: Procedures for mandatory disclosures and breach notifications

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Affiliates: Include when either party's affiliates will be involved in receiving or providing confidential information

2. Personal Data Protection: Include when confidential information includes personal data subject to GDPR

3. Trade Secrets: Include specific provisions when trade secrets are explicitly part of the confidential information

4. Reverse Engineering Prohibition: Include for technical information or when products/samples will be shared

5. Export Control: Include when confidential information may be subject to export control regulations

6. Non-Solicitation: Include when parties wish to prevent solicitation of employees

7. Residual Knowledge: Include when parties want to address use of retained knowledge

8. Competing Projects: Include when parties may work on similar projects with others

Suggested Schedules

1. Schedule 1 - Description of Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required

3. Schedule 3 - Authorized Representatives: List of authorized representatives who may access confidential information

4. Appendix A - Types of Confidential Information: Detailed categorization of confidential information covered

5. Appendix B - Information Handling Procedures: Specific procedures for marking, storing, and transmitting confidential information

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